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A BILL TO BE ENTITLED
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relating to the creation of the Fort Bend County Municipal Utility |
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District No. 224; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7969 to read as follows: |
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CHAPTER 7969. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 224 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7969.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Fort Bend County Municipal |
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Utility District No. 224. |
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Sec. 7969.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7969.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7969.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7969.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7969.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7969.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7969.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7969.052, directors serve |
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staggered four-year terms. |
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Sec. 7969.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7969.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7969.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7969.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7969.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7969.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7969.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7969.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7969.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7969.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7969.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7969.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7969.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7969.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7969.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7969.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7969.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Fort Bend County Municipal Utility District |
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No. 224 initially includes all the territory contained in the |
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following area: |
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A METES & BOUNDS description of a 178.52 acre tract of land in |
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the Thomas Westall League, Abstract 92, Fort Bend County, Texas, |
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being comprised of that certain called 1.127 acre tract recorded |
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under County Clerk's File Number 2007044630, Official Public |
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Records, Fort Bend County, Texas, and that certain called 56.470 |
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acre tract and portions of those certain called 55.480 acre and |
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called 73.831 acre tracts recorded under County Clerk's File Number |
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2004143701, Official Public Records, Fort Bend County, Texas, with |
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all bearings based upon the Texas Coordinate System, South Central |
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Zone, NAD83, based upon GPS observations. |
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Beginning at a 5/8 inch iron rod with cap marked "1535-4035" |
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found in the northeast right-of-way line of F. M. Highway 1489 |
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(100-feet wide) for the south corner of said called 56.470 acre |
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tract, same being the west corner of an adjoining called 154 ± acre |
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tract as recorded under Probate File Number 016127, Probate |
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Records, Fort Bend County, Texas, for the south corner and Place of |
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Beginning of the herein described tract; |
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Thence North 35 degrees 42 minutes 52 seconds West along the |
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southwest line of the herein described tract, same being the |
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northeast right-of-way line of F. M. Highway 1489, at 783.00 feet |
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pass a 5/8 inch iron rod with cap marked "1535-4035" found on said |
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line for the west corner of said called 56.470 acre tract, being in |
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the southerly right-of-way line of Vernon Frost Road (60-feet |
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wide), at 843.62 feet pass a 5/8 inch iron rod with cap marked |
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"1535-4035" found on said line for the south corner of the |
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aforementioned called 55.480 acre tract, being in the northerly |
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right-of-way line of Vernon Frost Road, and continuing for a total |
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distance of 1,593.71 feet to a point on said line at its |
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intersection with the existing northeasterly line of the |
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Extraterritorial Jurisdictional limits of the City of Simonton, |
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being one-half mile from the corporate limits of the City of |
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Simonton as established by Ordinance Number 980108 of the City |
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Council of Simonton, for the lower west corner of the herein |
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described tract, said point being in a non-tangent curve to the |
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left; |
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Thence along said non-tangent curve to the left, being the |
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northeasterly line of the Extraterritorial Jurisdictional limits |
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of the City of Simonton, having a central angle of 45 degrees 15 |
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minutes 50 seconds, a radius of 2,640.00 feet, an arc length of |
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2,085.61 feet, and a chord bearing North 28 degrees 01 minute 05 |
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seconds West, 2,031.80 feet to a point on said line at its |
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intersection with the west line of the aforementioned called 73.831 |
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acre tract for the upper west corner of the herein described tract, |
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said point being in the east right-of-way line of F. M. Highway |
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1489; |
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Thence North 05 degrees 05 minutes 04 seconds West along the |
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upper west line of the herein described tract, same being the east |
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right-of-way line of F. M. Highway 1489, 378.70 feet to a 5/8 inch |
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iron rod with cap marked "1535-4035" found for the northwest corner |
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of the herein described tract and said called 73.831 acre tract, |
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same being a southwest corner of an adjoining called 100.171 acre |
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tract recorded in Volume 1833, Page 438, Official Records, Fort |
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Bend County, Texas; |
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Thence North 88 degrees 58 minutes 41 seconds East along the |
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upper north line of the herein described tract and the north line of |
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said called 73.831 acre tract, same being a southwest line of said |
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adjoining called 100.171 acre tract, 2,488.56 feet to the upper |
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northeast corner of the herein described tract, being the northeast |
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corner of said called 73.831 acre tract, same being the northwest |
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corner of an adjoining called 18.00 acre tract recorded under |
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County Clerk's File Number 2000043870, Official Public Records, |
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Fort Bend County, Texas; |
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Thence South 00 degrees 59 minutes 54 seconds East along the |
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east line of said called 73.831 acre tract, same being the west line |
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of said adjoining called 18.00 acre tract, 948.59 feet to the |
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southeast corner of said called 73.831 acre tract, same being the |
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southwest corner of said adjoining called 18.00 acre tract, and |
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being in the north line of the aforementioned called 55.480 acre |
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tract, as located in the centerline of Bessie's Creek; |
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Thence along the centerline of Bessie's Creek with the |
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following meanders: |
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North 54 degrees 11 minutes 36 seconds East, 133.89 |
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feet; |
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North 71 degrees 49 minutes 46 seconds East, 212.50 feet |
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to the northeast corner of said called 55.480 acre tract, being a |
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northwest corner of an adjoining portion of the Vernon Frost Estate |
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recorded under Probate File Number 016127, Probate Records, Fort |
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Bend County, Texas; |
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Thence South 03 degrees 22 minutes 17 seconds West along the |
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east line of said called 55.480 acre tract, same being a west line |
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of said adjoining Vernon Frost Estate, 275.66 feet to an angle |
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point; |
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Thence South 06 degrees 04 minutes 43 seconds East continuing |
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along said line, at 982.05 feet pass a 5/8 inch iron rod found on |
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said line at its intersection with the northerly right-of-way line |
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of Vernon Frost Road for the southeast corner of said called 55.480 |
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acre tract, and continuing for a total distance of 1,046.49 feet to |
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a point for a reentry corner to the herein described tract being in |
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the southerly right-of-way line of Vernon Frost Road, same being |
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the northerly line of the aforementioned called 56.470 acre tract; |
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Thence North 62 degrees 30 minutes 22 seconds East along the |
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southerly right-of-way line of Vernon Frost Road, same being the |
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northerly line of said called 56.470 acre tract, 274.12 feet to a |
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5/8 inch iron rod with cap marked "1535-4035" found for angle point; |
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Thence South 85 degrees 35 minutes 20 seconds East continuing |
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along said line, 1,372.06 feet to a 5/8 inch iron rod with cap |
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marked "1535-4035" found for the lower northeast corner of the |
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herein described tract and the northeast corner of said called |
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56.470 acre tract, same being the upper northwest corner of the |
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aforementioned adjoining called 154 ± acre tract; |
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Thence South 04 degrees 24 minutes 40 seconds West along the |
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common line of the herein described tract and said adjoining called |
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154 ± acre tract, 883.00 feet to the southeast corner of said called |
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56.470 acre tract; |
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Thence North 85 degrees 35 minutes 20 seconds West continuing |
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along said common line, 1,324.09 feet to an angle point; |
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Thence South 62 degrees 30 minutes 22 seconds West continuing |
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along said common line, 1,369.17 feet to the Place of Beginning and |
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containing 178.52 acres of land, more or less. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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7969, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7969.106 to read as follows: |
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Sec. 7969.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |